Update on Requirements for Hemp-Derived CBD Products Sold in Denver

By September 2, 2017 July 29th, 2019 Industry News

On September 1st, Denver’s Department of Environmental Health (DEH) released an update on requirements for hemp-derived CBD products sold in Denver. Below is the full statement.

“Colorado manufacturers selling consumable hemp-derived CBD products in Denver can source hemp from outside Colorado, provided all parts of the hemp plant originate from a cultivator regulated under an industrial hemp for consumption program that applies safe consumption criteria.

In April 2017, Denver’s Department of Environmental Health (DEH) published guidance regarding cannabidiol (CBD) products manufactured or sold in Denver. At that time, DEH also restricted the sale of CBD products originating from unregulated sources due to consumer safety concerns. However, CBD manufacturers were still able to pursue approval to sell in Denver by submitting documentation demonstrating evidence of safe and standardized operations. The DEH guidance also indicated CBD products, including hemp, that originated from outside Colorado, were considered from an unapproved source due to their unregulated status and the federal restrictions on interstate transport.

In July, the Colorado Department of Public Health and Environment (CDPHE) announced they will now accept wholesale food manufacturing registration applications for edible CBD product manufacturers. Approved manufacturers will be regulated under the Colorado Wholesale Manufacturing Food Regulations. CDPHE also indicated that hemp sourced from outside of Colorado is considered from an approved source provided all utilized parts of the hemp plant originate from a cultivator operating under a regulated industrial hemp program which applies safe consumption criteria. Since CDPHE’s announcement, DEH has followed the same standards set by CDPHE.

DEH is continuing to evaluate Colorado CBD product manufacturers that are located outside of Denver upon request for those businesses that have not yet been inspected and evaluated by CDPHE. These evaluations allow impacted businesses to get approval to sell products in Denver in advance of a CDPHE inspection.

Businesses interested in this DEH evaluation should refer to the information addressed in the April DEH guidance. In lieu of a DEH evaluation, Colorado manufacturers outside of Denver can submit a CDPHE inspection report of their operation to DEH for review, if available. To get approval from DEH to sell in Denver, this report must demonstrate no outstanding violations that may contribute to significant consumer safety hazards.

Manufacturers of consumable CBD products outside of Colorado must show evidence of inspection or oversight by a regulatory health authority, such as a local or state health department or other regulatory authority, to proceed with sales in Denver. These products can be approved for sale in Denver provided there are no outstanding violations identified by the applicable health authority that may contribute to significant consumer safety hazards.

Please contact the DEH Public Health Inspections Division at phicomments@denvergov.org with questions.”